War crimes investigators refer media leaks on Ben Roberts-Smith arrest to corruption commission
The leaking of information to the media ahead of the arrest of former soldier Ben Roberts-Smith has been referred to the National Anti-Corruption Commission (NACC). This is a significant development, as it suggests that the integrity of the investigation itself may be under scrutiny.
The Office of the Special Investigator (OSI), which is investigating war crimes, and the Australian Federal Police (AFP), have jointly taken the matter to the corruption agency. This move indicates a deep concern about the potential impact of media leaks on the investigation's fairness and impartiality.
Mr. Roberts-Smith's arrest on multiple charges of the war crime of murder took place at Sydney Airport on April 7, as he landed on a flight from Brisbane. The fact that media outlets were present at the airport before the arrest raises serious questions about the security and confidentiality of the operation.
Media officers from the Australian Federal Police filmed his arrest taking place, and later distributed that vision to media outlets. This decision to share the footage with the media is particularly concerning, as it could potentially influence public perception and the course of the investigation.
During a Senate estimates hearing last night, officials from the OSI were questioned on how some media outlets came to be at the airport ahead of the arrest. Nine News said it had reporters at the airport ahead of the plane's arrival, and broadcast images taken from inside the terminal. This suggests that the media had prior knowledge of the arrest, which could have given them an unfair advantage.
The director-general of the OSI, Chris Moraitis, expressed alarm at the spread of details about the planned arrest. He noted that officers noticed media around before the arrest took place, indicating that the media presence was not a coincidence.
"That's a matter that concerns me, that media seems to have been privy to things," he said. "We're taking steps to ascertain what happened there."
Mr. Moraitis confirmed that the matter was being referred to the NACC, stating, "The AFP and I have written to the NACC about this, asking them to consider and provide information about that. We believe there was an unauthorised disclosure."
The OSI's ongoing investigations into war crimes committed by Australian soldiers abroad are also under scrutiny. The OSI was established in early 2021 to investigate findings from the Afghanistan Inquiry, which found credible allegations of war crimes committed by Australian soldiers. Of the 53 investigations it launched, 39 have been discontinued and 10 remain ongoing.
Two cases have proceeded to prosecution, with charges laid against Mr. Roberts-Smith and former soldier Oliver Schulz. Mr. Moraitis assured that the OSI is working to resolve the remaining cases "soon," although he acknowledged that this could take anywhere from six months to a year and a half.
The referral of the media leaks to the NACC is a significant development, as it highlights the potential for corruption and bias in the investigation process. It also underscores the importance of maintaining transparency and accountability in the pursuit of justice.
In my opinion, this incident raises deeper questions about the relationship between the media, law enforcement, and the justice system. It is crucial to ensure that media coverage does not compromise the integrity of investigations and that the public interest is served by maintaining a fair and impartial process.
This incident serves as a reminder that the media's role in reporting on sensitive matters must be balanced with the need to protect the integrity of investigations. It is a delicate balance that requires careful consideration and a commitment to transparency and accountability.
